Monthly Archives: October 2014

Clearly surveillance has both benefits and drawbacks, and the level of public interest and debate about both is increasing. Technology is advancing swiftly, and surveillance cameras are no longer simply passively recording and retaining images. They are now also used proactively to identify people of interest, to keep detailed records of people’s activities both for social (eg schooling, benefits eligibility) and political (eg terrorist) reasons.

There’s a real risk that, despite the benefits, use of CCTV can be very intrusive.

The ICO’s new CCTV code of practice continues its focus on the principles that underpinned the previous code of practice. However, it has been updated to take into account both the changes in the regulatory environment and the opportunities to collect personal data through new technology.

There is some fascinating information in the guidelines – specifically around some of that new technology, where three of the key recommendations are:

Privacy Impact Assessments – a requirement that involves ensuring that the use of surveillance systems is proportionate and addresses a pressing need (see the

Privacy Notices / Fair processing – a key issue for many of the new technologies is finding creative says of informing individuals that their personal data is being processed – particularly where such processing is simply not obvious.

Privacy by design – for example, the ability to turn the recording device (audio and / or sound) on and off as appropriate to fulfil the purpose; the quality must be high enough to fulfil the purpose; the use of devices with vision restricted purely to achieve the purpose

The new technology specifically covered in the guide includes:

Automatic Number Plate Recognition (when to use it, data storage, security issues, sharing the data and informing individuals that their personal data is being processed – something of a challenge needing some creative thinking);

Body Worn Video (warnings against continuous recording without justification; the use of BWV in private dwellings, schools, care homes and the like – and, again, the thorny issue of informing subjects that they are being recorded);

Unmanned Aerial Systems drones are now increasingly used by businesses as well as the military (Amazon has stated its intention to use drones to deliver parcels …). Some of the key issues are privacy intrusions where individuals are unnecessarily recorded when the drone has some other purpose; the distinction between domestic and commercial use; providing justification for their use; the ability to switch the recording system on and off; the whole system of data collection, storage, accessibility, retention periods and disposal requires compliance.

Automated recognition technologies are increasingly used commercially to identify individuals’ faces, the way they walk, how they look at advertising and suchlike. Again, the issues of fair processing, degree of accuracy of images and their identification, storage, retention, transfer, disposal and security are all key to compliance.

If you are using surveillance devices to view or record and / or hold information about individuals, then it’s worth noting that such use is subject not only to the Protection of Freedoms Act (and its Surveillance Camera Code of Practice), and the Data Protection Act, but you also need to consider your obligations under The Freedom of Information Act 2000 and the Human Rights Act 1998.

If you have any concerns about your data compliance in general or your surveillance camera compliance specifically, contact us on 01787 277742. Or email victoria@datacompliant.co.uk

Do you use a surveillance camera system within your organisation? If so, it’s worth noting that the Surveillance Camera Code of Practice must not only comply with the Data Protection Act and its 8 Principles, but also provides its own 12 guiding principles:

Purpose: Use of a surveillance camera system must always be for a specified purpose in pursuit of a legitimate aim, and necessary to meet an identified pressing need

Privacy Impact: Use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified

Transparency: There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints.

Accountability: There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.

Policies and procedures: Clear rules, policies and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them

Relevance and Retention: No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged

Access to retained images and information should be restricted. There must be clearly defined rules on who may gain access for what purpose; the disclosure of images and information should only take place where it is necessary for such a purpose or for law enforcement purposes

Standards: Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose, and work to meet and maintain those standards

Security: Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.

Audit: Effective review and audit mechanisms should be in place to ensure legal requirements, policies and standards are complied with in practice. Regular reports to be published.

Public Safety: When the use of a surveillance camera system is in pursuit of a legitimate aim, and there is a pressing need for its use, it should then be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value.

Accuracy: Any information used to support a surveillance camera system which compares against a reference database for matching purposes should be accurate and kept up to date.

If you have any concerns about your data compliance in general or your surveillance camera compliance specifically, contact us on 01787 277742. Or email victoria@datacompliant.co.uk